[Code of Federal Regulations] [Title 40, Volume 27] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR372.22] [Page 466] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 372_TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table of Contents Subpart B_Reporting Requirements Sec. 372.22 Covered facilities for toxic chemical release reporting. A facility that meets all of the following criteria for a calendar year is a covered facility for that calendar year and must report under Sec. 372.30. (a) The facility has 10 or more full-time employees. (b) The facility is in Standard Industrial Classification (SIC) (as in effect on January 1, 1987) major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20 through 39; industry codes 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis) by virtue of the fact that it meets one of the following criteria: (1) The facility is an establishment with a primary SIC major group or industry code in the above list. (2) The facility is a multi-establishment complex where all establishments have primary SIC major group or industry codes in the above list. (3) The facility is a multi-establishment complex in which one of the following is true: (i) The sum of the value of services provided and/or products shipped and/or produced from those establishments that have primary SIC major group or industry codes in the above list is greater than 50 percent of the total value of all services provided and/or products shipped from and/or produced by all establishments at the facility. (ii) One establishment having a primary SIC major group or industry code in the above list contributes more in terms of value of services provided and/or products shipped from and/or produced at the facility than any other establishment within the facility. (c) The facility manufactured (including imported), processed, or otherwise used a toxic chemical in excess of an applicable threshold quantity of that chemical set forth in Sec. 372.25, Sec. 372.27, or Sec. 372.28. [53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994; 62 FR 23892, May 1, 1997; 64 FR 58750, Oct. 29, 1999] Effective Date Note: At 71 FR 32474, June 6, 2006, Sec. 372.22 was amended by revising paragraphs (b) introductory text, (b)(1), (b)(2), (b)(3)(i) and (b)(3)(ii), effective Aug. 7, 2006. For the convenience of the user, the revised text is set forth as follows: Sec. 372.22 Covered facilities for toxic chemical release reporting. * * * * * (b) The facility is in a Standard Industrial Classification (SIC) (as in effect on January 1, 1987) major group or industry code listed in Sec. 372.23(a) (for which the corresponding North American Industry Classification System (NAICS) (as in effect on January 1, 2002) subsector and industry codes are listed in Sec. Sec. 372.23(b) and 372.23(c)) by virtue of the fact that it meets one of the following criteria: (1) The facility is an establishment with a primary SIC major group or industry code listed in Sec. 372.23(a), or a primary NAICS subsector or industry code listed in Sec. 372.23(b) or Sec. 372.23(c). (2) The facility is a multi-establishment complex where all establishments have primary SIC major group or industry codes listed in Sec. 372.23(a), or primary NAICS subsector or industry codes listed in Sec. 372.23(b) or Sec. 372.23(c). (3) * * * (i) The sum of the value of services provided and/or products shipped and/or produced from those establishments that have primary SIC major group or industry codes listed in Sec. 372.23(a), or primary NAICS subsector or industry codes listed in Sec. 372.23(b) or Sec. 372.23(c) is greater than 50 percent of the total value of all services provided and/or products shipped from and/or produced by all establishments at the facility. (ii) One establishment having a primary SIC major group or industry code listed in Sec. 372.23(a), or a primary NAICS subsector or industry code listed in Sec. 372.23(b) or Sec. 372.23(c) contributes more in terms of value of services provided and/or products shipped from and/or produced at the facility than any other establishment within the facility.